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Editorial Note

2023-01-08 06:00
中華海洋法學(xué)評論 2022年2期

As provided in Article 121 of theUnited Nations Convention on the Law of the Sea,an island is a naturally formed area of land,surrounded by water,which is above water at high tide.Islands,in their role as the main carriers and special land areas for human beings to conduct maritime socio-economic and cultural activities,have been commonly focused on by multidisciplinary studies on maritime politics,economy,society,culture,history and law.Socially and legally,islands relate to the issues of national rights and interests and international relations centered on the delimitation of territorial sea,contiguous zone,exclusive economic zone and continental shelf and the control and competition over biological and abiotic resources,as well as the institutional norms of various activities such as social governance,economic development,mineral exploitation,ecological protection and cultural tourism of islands within the scope of sovereign States.All these make islands a special object of cross-governance between international law and domestic law.On 19 November 2021,the2021 International Forum on Island Ecological Conservation,hosted by the Island Research Center,Ministry of Natural Resources,P.R.C.and China Oceanic Development Foundation,and co-organized by the Third Institute of Oceanography,Ministry of Natural Resources,P.R.C.,Xiamen Marine International Cooperation Center and Research Center for Pacific Island Countries,Liaocheng University,China,was successfully held online and offline.It is one of the series activities of2021 World Ocean Week in Xiamen.The five papers published in this Issue focus on “island governance” and are part of the outcome of this Forum.The Authors of these papers,from China and abroad,conduct multidimensional and multifaceted research and discussions respectively on the collective vision and practice of building a blue home for Pacific island countries,the goals and strategies of sustainable island development,the island survey systems and technological support,the legal challenges of subnational island jurisdictions,and China’s research on Pacific island countries.

The Pacific Islands are the most widespread and geographically dispersed archipelago in the world.However,millions of islanders living in diverse languages,cultures and traditions find themselves confronted with common ecological concerns and survival challenges.In this context,the2050 Strategy for the Blue Pacific Continent,developed by the Pacific Islands Forum,serves as a collective agenda and common diplomatic platform for islanders’ vision of building a blue home.The paperUnderstanding the Importance and Challenges of the Blue Pacific for Pacific Islandersby Professor Sue Farran from Law School,Newcastle University provides an in-depth theoretical analysis for the successful implementation and advancement of the strategy.In her paper,by separately researching on the four major ecological risks that threaten the survival of the islanders,namely marine pollution,sea level rise,illegal,unreported and unregulated fishing,and deep seabed mining,The Author proposes targeted regulatory responses,and articulates common international strategic steps and priorities needed by island countries to ensure a sustainable future for later generations of their islanders,where she also emphasizes that a legal framework “l(fā)inked to the international legal order” is the key to achieving the vision of the Blue Pacific.The research features a clear issue,clear thinking,and profound and thorough analysis,which has high practical value.

The blue world made up of oceans,coasts and islands is at the forefront of the Sustainable Development Goals (SDGs) from 2015 to 2030,jointly established by more than 190 countries of the United Nations,and is a key link to the holistic,global strategic goals.In the paperA Comparative Analysis of Measuring Sustainable Island Development in a Blue Economy Perspective,Dr.John N.Telesford from the University of Prince Edward Island presents new strategic thinking based on comparative regional studies by focusing on the Blue Economy development of small island cluster areas.This paper selects three representative small island cluster areas in Caribbean,Pacific and Atlantic,Indian Ocean,Mediterranean and South China Sea (AIMS) for comparative analysis,and examines in depth the current status and level of Blue Economy and sustainable development in different island cluster areas,by considering six indicators of SDG 14 directly related to Blue Economy and island sustainable development.It is emphasized that the Blue Economy is a key component of the three core areas of sustainable development,i.e.,people (society),prosperity (economy) and planet (environment),and that island policymakers may consider the SDGs-oriented development,integrated policies and stakeholder engagement as strategies to promote sustainable island development,which is a theoretical guide for sustainable economic and social development of smaller island Sates.

Since the Reform and Opening-Up,China has engaged in increasingly close relations with Pacific island countries,followed by an increasing stream of research on Pacific island countries by Chinese scholars.In this context,DENG Yuncheng and ZHEN Feiyang collaborated on the paperChina’s Research on Pacific Island Countries (1978-2020),which reviews and summarizes the current situation,achievements and paths of the domestic research on Pacific island countries.Through the processing of the sample literature related to research on Pacific island countries obtained fromCNKI (China National Knowledge Infrastructure),combined with research methods such as online survey and network analysis,the Authors visualize the interannual variation of literature,the amount of author publications and coauthors,publishing institutions,the frequency of keyword co-occurrence,etc.,and analyze the topic space-time changes in this research field,i.e.,from universal research to in-depth theoretical research,from single research object to multiple objects,from regional research on the commonality as a whole to parallel research on the commonality of regions and the individuality of countries,as well as the change in focus to become oriented to fit China’s foreign policy trends.The Authors also propose to expand the research outreach and depth,consolidate the fundamental research,and improve the supporting mechanism.This review and analysis from an academic-historical perspective serves to draw China’s research on Pacific island countries into depth.

The paperOn the Connection between the Island Survey Systems and Technology Supply in the New Period—To Promote the Sustainable Development of Islands from the Perspective of the Island Protection Law of People’s Republic of China,co-authored by WANG Fang and DENG Min,discusses the necessity of island surveys in the new era,existing foundation and findings,legal system and technical specifications,technology supply,etc.The Authors argue that island survey is an integral part of marine ecological civilization,a necessary means for a comprehensive,true and accurate understanding of island resources,a prerequisite for the sustainable development of marine economy,an initiative to ensure the implementation of theIsland Protection Law of People’s Republic of China,and an important protector of national maritime rights and interests.Based on a clarification of regulations and technical guidelines related to island surveys issued by relevant ministries,this paper presents an analysis of the necessity of the integration of scientific and technological means with island surveys,with a focus on the application of representative survey technologies such as unmanned surface vessels,unmanned aerial vehicles,and 3D spatial data technology,and puts forward several useful suggestions for promoting sustainable practices of island surveys.

Subnational island jurisdictions—island political entities other than the State government,having a very high degree of autonomy and jurisdiction,as well as their own government and administration—are usually the price of power separation made by the State government to avoid the island society’s demands for more power or eventual pursuit of political independence.They are also an instrument of political autonomy whereby the State government grants more power and responsibility to islands far removed from the national mainland and meets local needs.In his paperSubnational Island Jurisdictions:Uncertain Actors in Law and International Relations,Professor Adam Grydeh?j from South China University of Technology gives insights into the legal status and practical roles of this special and important actor in the world political system,as well as their uncertainties in international relations,de jure and de facto jurisdictional conflicts,and differences in practice among different subnational island jurisdictions.It is a new topic and new thinking in the study of international island governance and international politics.

Today is witnessing profound changes unprecedented in a century hit the globe and dramatic adjustments happen in the international relations,world order and global governance system.There are also numerous new opportunities and challenges standing ahead of the development of islands and oceans.Many new and extensive academic topics have emerged among island studies at home and abroad,so there is still great academic potential in this field.China Oceans Law Reviewwill keep following and promoting the further expansion and deepening of research in this field.